Criminal Justice and the Goal of Punishment - Essay Example

Part I believe judges and prosecutors should have discretion in decision making of whatever case that will or will not be tried to ensure fairness. Allowing a prosecutor to decide which case to try promotes autonomy in the judicial system. External forces, political and social, should not be allowed to interfere with the judicial system. If so, the rich and mighty in the society will be able to influence the outcome of certain cases in their favor. According to the U.S. constitution, the prosecutor has virtually un-reviewable power to charge and should exercise it in utmost discretion. This involves considering several factors that cannot be quantified in a simple formula that can be standardized to enable control. Judges also have unreserved authority to decide what type of sentence to impose to eliminate discrimination in the decision making process (Cruz 74). If the judge is allowed to consult external authorities before passing the final verdict, then there is a probability of being misguided by parties that stand to benefit from the outcome of the case. Allowing judges and prosecutors to exercise discretion in their decision making ensures independence of the judicial system. A judge is bound by the law to impose a verdict based on the provisions allowed by the constitution only. Before deciding which sentence to impose, the judge should take into account all the factors related to the case and choose the best punishment that is provided by the law for the offense committed (Cruz 75). On their part, prosecutors should be allowed to determine who to charge with a crime basing their decision on evidence presented to them. Currently, there are cases that have taken years to be concluded due to lack of valid evidence. Prosecutors should be allowed to decide which charges to drop to ensure proper utilization of state resources. In addition, some charges do not qualify to be decided by the judge as they can be amicably resolved by the parties involved outside the court, thus reducing congestion in the judicial system. Part 2 Civil liberties are often abused unknowing by citizens due to the ambiguity of their existence in the constitution. For instance, the freedom of expression is commonly abused by individuals or groups who believe they have the right to express their opinion, which at times might offend others. If citizens can learn to respect each other, then discretion can promote civil liberty in the society. For example, when exercising their freedom of religion, religious leaders should practice restraint in their public utterance to avoid causing animosity among their followers (Gostin 48). Muslims often overstep their religious mandate when they try to force their ideologies on others in a bid to popularize Islam in Christian societies. This has led to conflicts such as the civil war between the Palestinians and Israelites. However, the right to privacy ensures individuals in a society can perform their activities as they please as long as they do not engage in illegal activities. Freedom from slavery and forced labor ensures no individual is held against his or her will and forced to work. In essence, civil liberties ensure members of the society have specific rights that they are expected to exercise with utmost discretion. If individuals in a society learned to respect each other and practice their rights in discretion, then peace and harmony would prevail (Gostin 48). Most social conflicts arise as a result of misunderstandings that occur due to varied interpretations of the limits of freedom specific to an individual. Department heads in an organization should formulate an ethical code of conduct that ensures officers exercise discretion in their duties to avoid civil liabilities. In concise, if officers in each department learned to respect each other, then they would be able to work efficiently together and fulfill their personal needs of freedom. Otherwise, conflicts are bound to occur, thus impacting their output negatively. Part 3 Several psychologists have tried to come up with a criterion for predicting police personalities during the recruitment process. Even though there is none in existence, I believe police officers should be highly defended. A policeman’s job is very risky, thus they should have a high response to flight. This helps one to derive insights from personal instincts when responding to a distress call. In addition, they should be energetic when carrying out their responsibilities (Dempsey and Forst 155). This will help to prevent them from getting sloppy when carrying out their investigations and discharging duties. Most people often mistake criminals to be individuals of low intelligence and lacking the power of control. However, a police officer should avoid this notion, as many criminals in the past have proven to have a high level of organization and intelligence. They know how to play psychological games that may force a police officer to act against his or her will to their advantage. In light of this, a police officer should have a dominant personality that is not easily swayed by events of personal relevance. Furthermore, a police officer should be well adjusted to the nature of his job. For example, a traffic policeman should be ready to deal with highway robbers who often resist arrest by turning violent. Adjusting to a crime scene means taking the best possible action to avoid civil liabilities as well as protect one’s life in case of a conflict (Dempsey and Forst 156). In addition, a police officer is expected to be independent in his work. Officers are supposed to make their administrative decisions based only on evidence rather than hearsay. This ensures that they refer to their department’s code of ethics before they respond to an emergency or decide to go on a patrol carrying out routine checks. A police officer is also expected to be spontaneous in work and involve others in investigation through consultations or being physically present. Finally, police officers should be socially flexible and free in order to enable them to adapt in different societies. Each society is governed by its own cultural dynamics that influence the actions taken by its members. Being socially accessible enables a police officer to carry out her duties freely with confidence. The police sub-culture is responsible for developing and shaping a police officer’s personality and work ethics. Most of what police officers are taught in the police academy cannot be applied directly without modifications (Dempsey and Forst 158). The reality is so much different from simulated drills that have predictable safe outcomes. Apart from applying the law, a police officer should rationalize the chronology of the events to determine the most appropriate action to take. This is bearing in mind that his life is in constant danger from those who do not wish to abide by the law. Good intentions to save civilian lives have led to several police officers being killed in their line of work just because they did not reason out their actions forehand. Emotions crowd a police officer’s judgment and may lead to civil conflicts with members of the public. Exercising discretion in work can help police officers develop an accommodating personality that seeks reason before engaging in action. Part 4 The goal of punishment is to deter individuals in a society from engaging in criminal activities. For example life imprisonment prevents individuals from committing murder as their fate is already defined by the law once caught. The best way of ensuring the levels of crime in a society remain low is by formulating punishments that deter anyone from committing any form of crime. Individuals who have been jailed before always regret having committed the crime a few days in their cell due to the level of hostility in which they are exposed to once in a prison (Cruz 58). They get to learn the hard way that outside the penitentiary is a paradise they should treasure rather than stay another day in such a chaotic environment. Psychologists argue that some individuals find pleasure in committing crime, but harsh punishment causes them to reverse their urges. For example, rapists are usually subject to harsh punishments to ensure they do not repeat their actions once released from the penitentiary. In essence, it should be clear in the minds of each member of the society that there is a definite form of punishment for any crime one commits. In today’s society, legislation of more forms of punishments has taken the lead in securing moral sanity and order (Dempsey and Forst 172). Conditions in prisons are kept below human standards to ensure criminals do not find comfort in their cells. Denying individuals their civil rights forces them to reconsider their past actions and turn a new page in life. Psychologists believe that denial is the best method of human control as it weakens one’s belief system. People commit crimes to meet their needs and desires that when denied can lead to transformation of their belief system in order to access their freedom again. In essence, it should be clear to any member of the society that playing with fire will only get them burnt. Punishments should act as a constant reminder to an individual on what will happen in case they decide to commit a crime. In concise, punishments should promote good morals and ethical conduct throughout the society (Gostin 25). The judicial system was developed to ensure the perpetrators of any form of crime face the full force of the law. A society cannot function properly without a defined system of justice that ensures each member of the community exercises his civil rights with utmost discretion. Conclusion In summary, allowing a prosecutor to decide which case to try before promotes autonomy in the judicial system. External forces, political and social, should not be allowed to interfere with the judicial system. In essence, most social conflicts arise as a result of misunderstandings that arise due to varying interpretations of the limits of freedom specific to an individual. Furthermore, a police officer should be well adjusted to the nature of his job. Adjusting to a crime scene means taking the best possible action to avoid civil liabilities as well as protecting one’s life in case of a conflict. Finally, the goal of punishment is to deter individuals in a society from engaging in criminal activities. Works Cited Cruz, Becky Kohler da. Prosecutorial Discretion Under Georgia's Two Strikes Provision: A Quantitative Analysis. Michigan: ProQuest, 2008. Print. Dempsey, John S. and Linda S. Forst. An Introduction to Policing. New York: Cengage Learning, 2011. Print. Gostin, Larry Ogalthorpe. Civil Liberties in Conflict. New York: Routledge, 2008. Print. Read More